Karnataka Court September 2007 Judgments
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National Insurance Company Limited Rep. by Administrative Officer Vs. ...
Court: Karnataka
Decided on: Sep-04-2007
Reported in: 2009ACJ119; ILR2008KAR542; 2008(2)KarLJ723; ILR2008(1)Kar542; 2008(2)KLJ723; 2008(1)KCCR317; 2008(2)AIRKarR75; AIR2008NOC854; 2008(3)CivilLJ917(DB)
1. This appeal is by the insurance company challenging the liability fixed by the MACT, Bangalore in MVC 2701/1997.2. Claim petition was filed by the widow and minor children of one Kalaiah who died in a road traffic accident occurred on 7.7.1997 at about 1-30 p.m. near Mathikere on Bangalore-Mysore Road. Kalaiah was a vegetable vendor. In order to secure vegetables to his shop in the village, by hiring a tempo bearing No. KA 05-9401 Kalaiah was proceeding in the tempo which met with an accident and died in the hospital on 12.7.1997.3. According to the claimants, deceased as a vegetable vendor was earning a sum of Rs. 4000/- per month and that he was aged about 40 years on the date of death. The claim petition was not contested by the owner of the vehicle. On an application filed under Section 170 of the Indian Motor Vehicles Act, l988, insurance company sought permission to defend the case and the permission was granted to the insurance company by the tribunal.4. Insurance company fil...
Sri Taralabalu Jagadguru Education Society (Registered) Rep. by Its Ad ...
Court: Karnataka
Decided on: Sep-04-2007
Reported in: 2007(6)AIRKarR339
ORDERD.V. Shylendra Kumar, J.1. This writ petition by the private management of an educational institution is directed against the order dated 27.2.2006 passed by the Joint Director of Department of Collegiate Education, Shimoga, in an appeal which has been disposed of on 24.10.2005 purporting to exercise his review power on an application filed by the 2nd respondent-employee of the institution, who had preferred the appeal earlier.2. The appeal itself preferred under Section 94(5) of the Karnataka Education Act, 1983 (for short 'the Act') was one directed against an order dated 31.5.1999 passed by the Management stopping the time bound promotion to the 2nd respondent.3. It appears, the appeal was filed before the 1st respondent by the 2nd respondent on 16.6.2000 Though in terms of Section 94(5) of the Act, appeal should have been preferred within three months from the date of communication of the order appealed against, obviously the appeal was beyond the permitted time. Though the fa...
Smt. Swarna Gouri Vs. Sri Vinayak Pujar
Court: Karnataka
Decided on: Sep-03-2007
Reported in: ILR2007KAR4561
ORDERS. Abdul Nazeer, J.1. The marriage between the petitioner and the respondent was solemnised on 20.12.2003 at Hubli as per the Hindu rites and customs. It is the case of the petitioner that after the marriage, she lived with her husband in his house at Hubli. During her stay in the house of the respondent, parents of the respondent often used to quarrel with her. She was ill-treated and harassed by the other family members of the respondent. It is further contended that the respondent and his family members have been demanding dowry. During the seventh month of her pregnancy, she came to her mother's house at Bangalore for confinement. After the delivery, the respondent never bothered to take back the petitioner and her child to his house. The respondent has abandoned her and the child and has failed to perform his duty as a husband and father of the child. It is contended that the respondent is well settled and has sufficient means to maintain the petitioner and the child. He earn...
Jayalakshamma and anr. Vs. the Deputy Commissioner and ors.
Court: Karnataka
Decided on: Sep-03-2007
Reported in: 2007(6)KarLJ100; 2007(4)KCCR2523;
ORDERN.K. Patil, J.1. Petitioners, questioning the correctness of the impugned order dated 23rd March, 2004 in proceedings No. R.A. 51/2002-03 passed by first respondent and the order dated 22nd October, 1998 in proceeding's No. R.A. 157/1995-96 passed by second respondent vide Annexure-A and B respectively, have presented the instant writ petition.2. The grievance of petitioners in the instant writ petition is that, petitioners herein claim that, the first petitioner is the wife and second petitioner is the son of late Sri Manje Gowda and there was a partition between Sri Manje Gowda, the husband and father of petitioners herein respectively and late Sri Ninge Gowda, the husband of fourth respondent - who is none other than the father of late Sri Manje Gowda. As per the partition deed entered into in the joint family consisting of late Sri Ninge Gowda, his wife Smt. Puttamma and their son, late Sri Manje Gowda in the month of July 1986, Sy. No. 99/2 measuring an extent of 12 guntas ca...
Gangappa Yamanappa Chalawadi Vs. the State of Karnataka by Its Secreta ...
Court: Karnataka
Decided on: Sep-03-2007
Reported in: 2008(2)KarLJ728; 2007(6)AIRKarR410
ORDERN.K. Patil, J.1. Petitioner- tenant, being aggrieved by the order dated 6th July 1988 passed by the Land Reforms Appellate Authority, Bijapur in proceedings No. LRA (TR) No. 15/1986, has presented the instant LRRP.2. The grievance of the petitioner in the instant case is that, petitioner was cultivating the land in S. No. 27/2 measuring 08 acres out of total extent of 10 aces situate at Kabnur Village in Bijapur Taluk and the deceased third respondent, now represented by his legal representatives was the landlord on the ground that, the third respondent had leased out the said land to the petitioner herein and that, petitioner has been cultivating the said land and accordingly, has filed Form No. 7 for registration of occupancy rights on 21st November 1974 as per the amended Karnataka Land Reforms Act. The application filed by petitioner had come up for consideration before the Land Tribunal, Bijapur on 23rd September 1981. The Land Tribunal has rejected the application filed by p...
Shri M. Ponnuswamy S/O Late Murugesh Vs. M. Thamarai Kannan S/O Late M ...
Court: Karnataka
Decided on: Sep-03-2007
Reported in: 2008(4)KarLJ101; 2007(4)KCCR2548
Subhash B. Adi, J.1. This is 1st defendant's appeal against the judgment and decree dated 14.10.2004 in O.S. No. 15171/2000. 1st respondent is the plaintiff. 2nd respondent is defendant No. 2.2. Suit is one for specific performance of the contract by executing the sale deed in favour of the plaintiff in respect of suit site bearing No. 78 in Sy. No. 106 of Kodihalli Village Village, H.A. Sanitary Board, Varthur Hobli, Bangalore South Taluk and No. K formed out. in southern portion of Sy. No. 105/A of Kodiballi Village, Varthur Hobli, Bangalore South Taluk.3. Case of the plaintiff is that, 1st defendant entered into an agreement of sale dated 10.9.1980 in respect of suit schedule property for consideration of Rs. 15,000/- and advance amount of Rs. 5,000/- was paid on the date of agreement and balance of Rs. 10,000/- was agreed to be paid in installments of Rs. 1,000/-every month till 15.7.1981. Plaintiff paid all the amount as agreed. On receipt of final payment of sale consideration, t...
United India Insurance Co. Ltd. Reptd. by Its Deputy Manager, K.S. Vai ...
Court: Karnataka
Decided on: Sep-03-2007
Reported in: 2008ACJ2476; 2008(4)AIRKarR402; ILR2008(3)Kar3599; 2008AIHC2996(Kar); 2008ACJ2476(DB)
K. Sreedhar Rao, J.1. The deceased one Raju Doddahalappa was employed as Cleaner in Truck bearing No. CAK 7171. The said truck broke down. The deceased for the purpose of getting it repaired boarded tarry bearing No. KA-37/2528 to bring the mechanic. On the way the lorry bearing No. MH-10/A-2286 corning from opposite direction dashed against lorry No. KA.-37/2528 resulting in death of Raju Doddahalappa. The appellant is the insurer of toe lorry bearing No. CAK 7171.2. In the context of the above facts, whether the insurer of the lorry bearing No. CAK 7171 is liable to pay compensation?3. The proviso to Section 147 reads thus:Provided that a policy shall not be required-(i) to cover liability in respect of the dentil arising out of and in the course of his employment, of the employee of a person insured by the policy or in respect of bodily injury sustained by such an employee arising out of and in the course of his employment other than a liability arising under the Workmen's Compensat...
T.T.K. Healthcare Limited Vs. Authority for Clarification and Advance ...
Court: Karnataka
Decided on: Sep-03-2007
Reported in: (2009)22VST561(Karn)
V. Gopala Gowda, J.1. The correctness of the order passed by the respondent on the application filed by the assessee seeking clarification with reference to entry No. 40 of the First Schedule to the Karnataka Value Added Tax Act, 2003, it has been clarified by the respondent with reference to its jurisdiction, after interpretation of the entry 40, by holding that the assessee is not liable for exemption under entry 40 of the First Schedule and alternatively the goods being non-scheduled goods were liable to tax at 12.5 per cent under Section 4(1)(b) of the KVAT Act, is questioned in this appeal, framing three questions of law, which read thus:(1) Whether the clarification No. AR.CLR.CR-147/06-07 dated March 30, 2007 of the Authority for Clarifications and Advance Rulings is right in law in so far as it does not classify 'cereal-based ready-to-fry pellets' sold under the brand name of 'Fryums' under entry 40 of the First Schedule to the KVAT Act, 2003?(2) Whether the Authority for Clari...